H. R. 5200

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To resolve the 107th meridian boundary dispute between the Crow Indian Tribe

and the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Crow Boundary Settlement

Act of 1994’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds the following:

(1) Under the treaty between the United States of America

and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the ‘‘Fort Laramie Treaty of 1868’’; 15 Stat.

649), the eastern boundary of the Crow Indian Reservation

was established as the 107th meridian for approximately 90

miles from the Yellowstone River to the boundary between

Montana and Wyoming. (2) Under Executive orders issued in 1884 and 1900, the

western boundary of the Northern Cheyenne Reservation was

established as the 107th meridian. The 107th meridian was

intended to be the common boundary between the Crow Reservation and Northern Cheyenne Reservation for approximately

25 miles.

(3) From 1889 through 1891, a survey was conducted of

the eastern boundary of the Crow Reservation. The 1891 survey

line strayed to the west, and resulted in the exclusion from

the Crow Indian Reservation of a strip of land of approximately

36,164 acres. Approximately 12,964 acres of such strip of land

were included in the Northern Cheyenne Reservation. Deposits

of low sulphur coal underlie the land excluded from the Crow

Indian Reservation, including the land included in the Northern

Cheyenne Indian Reservation.

(4)(A) The erroneous nature of the survey was not discovered for several decades. Meanwhile, the areas along the 107th

meridian to the north and south of the Northern Cheyenne

Indian Reservation were opened to settlement in the late nineteenth century and early part of the twentieth century. Patents

were issued to non-Indian persons and to the State of Montana

for most of the surface land and a significant portion of the

minerals in these areas between the 107th meridian and the

1891 survey line.

(B) The 12,964 acres included in the Northern Cheyenne

Reservation have been treated as part of the Northern Chey-
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enne Reservation and occupied by the Northern Cheyenne Tribe

and the Northern Cheyenne allottees, and their successors in

interest.

(5) Legislation to resolve the 107th meridian boundary

dispute was introduced in Congress in the 1960’s and 1970’s,

and again in 1992, but no such legislation was enacted into

law.

(b) PURPOSE.—The purpose of this Act is to settle the 107th

meridian boundary dispute created by the erroneous survey of the

eastern boundary of the Crow Indian Reservation made by the

Federal Government described in subsection (a)(3).

SEC. 3. DEFINITIONS.

As used in this Act:

(1) CROW TRIBE.—The term ‘‘Crow Tribe’’ means the Crow

Tribe of Indians, the duly recognized governing body of the

Crow Indian Reservation.

(2) DISPUTED AREA.—The term ‘‘disputed area’’ means the

approximately 36,164 acres of land, including the minerals,

located between the 107th meridian on the east and the 1891

survey line on the west from the Yellowstone River on the

north to the boundary between the State of Wyoming and

the State of Montana on the south.

(3) 1891 SURVEY.—The term ‘‘1891 survey’’ means the survey of the eastern boundary of the Crow Reservation conducted

by the United States Government from 1889 through 1891.

(4) 1891 SURVEY LINE.—The term ‘‘1891 survey line’’ means

the erroneous boundary line resulting from the survey of the

107th meridian which was completed in 1891.

(5) NORTHERN CHEYENNE TRIBE.—The term ‘‘Northern

Cheyenne Tribe’’ means the Northern Cheyenne Tribe of

Indians, with the Northern Cheyenne Tribal Council as the

duly recognized governing body of the Northern Cheyenne

Indian Reservation.

(6) 107TH MERIDIAN BOUNDARY DISPUTE.—The term ‘‘107th

meridian boundary dispute’’ means the dispute resulting from

the disparity between the location of the 107th meridian and

the location of the 1891 survey line. (7) 107TH MERIDIAN ESCROW FUND.—The term ‘‘107th

meridian escrow fund’’ means the revenues that arise from,

or are derived from, parcel number 2, including all accrued

interest on such revenues, which are held by the Bureau of

Indian Affairs in an escrow account as of the date of enactment

of this Act.

(8) PARCEL NUMBER 1.—The term ‘‘parcel number 1’’ means

the area, encompassing approximately 11,317 acres, bounded

on the south by the Montana-Wyoming border, on the east

by the 107th meridian, on the north by the extension to the

west of the southern boundary of the Northern Cheyenne Indian

Reservation, and on the west by the 1891 survey line.

(9) PARCEL NUMBER 2.—The term ‘‘parcel number 2’’ means

the area, encompassing approximately 12,964 acres, bounded

on the south by the extension to the west of the southern

boundary of the Northern Cheyenne Indian Reservation, on

the east by the 107th meridian, on the north by the extension

to the west of the northern boundary of the Northern Cheyenne

Indian Reservation, and on the west by the 1891 survey line.
H. R. 5200—3

(10) PARCEL NUMBER 3.—The term ‘‘parcel number 3’’

means the area, encompassing approximately 2,469 acres,

bounded on the south by the extension to the west of the

northern boundary of the Northern Cheyenne Indian Reservation, on the east by the 107th meridian, on the north by

the northern boundary of the Crow Indian Reservation, and

on the west by the 1891 survey line.

(11) PARCEL NUMBER 4.—The term ‘‘parcel number 4’’

means the area, encompassing approximately 9,415 acres,

bounded on the south by the northern boundary of the Crow

Indian Reservation, on the east by the 107th meridian, on

the north by the midpoint of the Yellowstone River, and on

the west by the 1891 survey line.

(12) PUBLIC LANDS.—The term ‘‘public lands’’ means any

land or interest in land owned by the United States (without

regard to the means by which the United States acquired

ownership of the land or interest in land) and administered

by the Secretary through the Bureau of Land Management.

(13) ROYALTIES RECEIVED AND RETAINED BY THE UNITED

STATES.—The term ‘‘royalties received and retained by the

United States’’ means the royalties derived from minerals

owned by the United States that the United States retains

after all payments from the royalties have been made to the

State of Montana or any unit of local government of the State

of Montana.

(14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

(15) SETTLEMENT AGREEMENT.—The term ‘‘Settlement

Agreement’’ means the agreement between the Secretary, on

behalf of the United States and the Crow Tribe, that provides

for the resolution of all claims held by the Crow Tribe arising

from the 107th meridian boundary dispute.

(16) UNDISPOSED OF COAL.—The term ‘‘undisposed of coal’’

means coal that has not been conveyed to private parties or

to the State of Montana by the United States.

(17) UNDISPOSED OF SURFACE LANDS.—The term

‘‘undisposed of surface lands’’ means surface land that has

not been conveyed to private parties or to the State of Montana

by the United States.

(18) UNDISPOSED OF OIL, GAS, COAL METHANE, OR OTHER

MINERALS.—The term ‘‘undisposed of oil, gas, coal methane,

or other minerals’’ means oil, gas, coal methane, or other minerals (excluding coal) that have not been conveyed to private

parties or to the State of Montana by the United States.

SEC. 4. SETTLEMENT AGREEMENT.

(a) EXECUTION OF THE SETTLEMENT AGREEMENT.—Subject to

the terms and conditions of this Act, the Secretary shall enter

into the Settlement Agreement with the Crow Tribe.

(b) RATIFICATION OF THE SETTLEMENT AGREEMENT.—Subject

to the conditions set forth in section 9(a), the United States hereby

approves, ratifies, and confirms the Settlement Agreement, to the

extent that such Settlement Agreement does not conflict with this

Act.

(c) MODIFICATION OF THE SETTLEMENT AGREEMENT.—The terms

and conditions of the Settlement Agreement may be modified by
H. R. 5200—4

mutual agreement of the Crow Tribe and the Secretary if such

modification—

(1) is not inconsistent with this Act; and

(2) does not diminish or impair any right or benefit secured

to the Northern Cheyenne Tribe, the Northern Cheyenne

allottees, or their successors in interest by or pursuant to

any provision of this Act.

(d) ENFORCEMENT OF THE SETTLEMENT AGREEMENT.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Settlement Agreement shall be subject to the enforcement provisions under chapter 7 of title 5, United States Code.

(2) ADDITIONAL ENFORCEMENT.—If, with respect to the

enforcement of the Settlement Agreement, the remedies available under the provisions referred to in paragraph (1) do not

provide adequate or complete relief, the Settlement Agreement

shall be subject to the enforcement provisions under section

1505 of title 28, United States Code.

SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTINGUISHMENT OF CLAIMS.

(a) PROPERTY WITHIN PARCEL NUMBER 1.—

(1) IN GENERAL.—With respect to the property within parcel

number 1, the following provisions shall apply:

(A) The boundary of the Crow Indian Reservation shall

be the 107th meridian.

(B) Title to the undisposed of coal of such parcel shall

be vested in the United States in trust for the sole use

and benefit of the Crow Tribe and shall be recognized

as part of the Crow Indian Reservation.

(C) Title to the undisposed of surface lands of such

parcel shall be vested in the United States in trust for

the sole use and benefit of the Crow Tribe and shall be

recognized as part of the Crow Indian Reservation.

(D) Title to the undisposed of oil, gas, coal methane,

or other minerals of such parcel shall be vested in the

United States in trust for the sole use and benefit of

the Crow Tribe and shall be recognized as part of the

Crow Indian Reservation.

(2) PROHIBITION.—Nothing in this Act or the Settlement

Agreement may alter, diminish, disturb, or cause to be divested

any right, title, or interest of any person or entity in any

land, coal, oil, gas, coal methane, or mineral within parcel

number 1 that is based on the 1891 survey line, except for

the specific rights that are vested in the United States for

the sole use and benefit of the Crow Tribe pursuant to subparagraphs (B) through (D) of paragraph (1).

(3) WAIVERS AND RELEASES.—The following waivers and

releases shall be included in the Settlement Agreement:

(A) A disclaimer and relinquishment by the Crow Tribe

of all right, title, claim, or interest in all the land and

minerals within parcel number 1, except for the rights,

titles, and interests recognized as beneficially owned by

the Crow Tribe and as part of the Crow Indian Reservation

in subparagraphs (B) through (D) of paragraph (1).

(B) A release by the Crow Tribe of all persons and

entities, including the United States, from any liability
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arising from, or related to, the 1891 survey and the subsequent occupancy and use of parcel number 1.

(b) PROPERTY WITHIN PARCEL NUMBER 2.—

(1) IN GENERAL.—With respect to the property within parcel

number 2, the following provisions shall apply:

(A) The boundary between the Crow and Northern

Cheyenne Indian Reservations shall be the 1891 survey

line.

(B) All surface lands and minerals of such parcel shall

constitute part of the Northern Cheyenne Reservation.

(C) All surface lands, including all rights appurtenant

to the surface lands, of such parcel shall be vested in

the United States in trust for the sole use and benefit

of the Northern Cheyenne Tribe, except that surface lands

that have been allotted shall be recognized as held in

trust for, or owned in fee by (as the case may be), the

Northern Cheyenne allottees or their successors in interest.

(D) The oil, gas, coal, coal methane, and other minerals,

including all rights appurtenant to such minerals, of such

parcel shall be vested in the United States in trust for

the sole use and benefit of the Northern Cheyenne Tribe.

(2) WAIVERS AND RELEASES.—The following waivers and

releases shall be included in the Settlement Agreement:

(A) A disclaimer and relinquishment by the Crow Tribe

of all right, jurisdiction, title, claim, or interest in the

lands and minerals within parcel number 2, including all

rights appurtenant to such land and minerals.

(B) A release by the Crow Tribe of all persons and

entities, including the United States, the Northern Cheyenne Tribe, the Northern Cheyenne allottees and their

successors in interest, from any liability arising from, or

related to, the 1891 survey and the subsequent occupancy

and use of parcel number 2.

(3) ENFORCEMENT.—The provisions of subsection (b) may

be enforced, in law or in equity, by the Northern Cheyenne

Tribe, Northern Cheyenne allottees, and their successors in

interest, in accordance with their respective interests.

(c) PROPERTY WITHIN PARCEL NUMBER 3 AND PARCEL

NUMBER 4.—

(1) IN GENERAL.—With respect to the property within parcel

number 3 and parcel number 4, the boundary of the Crow

Indian Reservation shall be the 1891 survey line.

(2) PROHIBITION.—Nothing in this Act or the Settlement

Agreement may alter, diminish, disturb, or cause to be divested

any right, title, or interest of any person or entity in any

land, coal, or mineral within parcel number 3 or parcel number

4 that is based on the 1891 survey line.

(3) WAIVERS AND RELEASES.—The following waivers and

releases shall be included in the Settlement Agreement:

(A) A disclaimer and relinquishment by the Crow Tribe

of all right, jurisdiction, title, claim, or interest in the

lands and minerals situated within parcel number 3 and

parcel number 4.

(B) A release by the Crow Tribe of all persons and

entities, including the United States, from any liability

arising from, or related to, the 1891 survey and the subse-
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quent occupancy and use of parcel number 3 and parcel

number 4.

(d) EXCHANGE OF PUBLIC LANDS.—With respect to the land

exchanges with the State of Montana and private landowners made

under this Act the following provisions shall apply:

(1) IN GENERAL.—(A) The Secretary shall negotiate with

the State of Montana for the purpose of exchanging public

lands within the State of Montana for State trust lands within

the Crow Reservation having a total value substantially equal

to the value of the surface estate of the approximately 46,625

acres of State trust lands obtained by the State of Montana

pursuant to the Act of February 22, 1889 (commonly known

as the ‘‘Montana Enabling Act’’; 25 Stat. 676, chapter 180),

and the Act entitled ‘‘An Act to provide for the allotment

of lands of the Crow Tribe for the distribution of tribal funds

and for other purposes’’ approved June 4, 1920 (commonly

known as the ‘‘Crow Allotment Act’’; 41 Stat. 751, chapter

224) within the Crow Indian Reservation and the disputed

area.

(B) The exchange described in subparagraph (A) shall be

in accordance with the exchange procedures set forth in section

206 of the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1716).

(C) In determining the fair market value of the lands

described in subparagraph (A), the parties to the exchange

shall give due consideration to the value of improvements on

the lands.

(D) The Secretary shall ensure that lands exchanged pursuant to this paragraph as part of the settlement of the 107th

Meridian boundary dispute made pursuant to this Act shall

be selected in such manner that the financial impact on local

governments, if any, will be minimized.

(E) The Secretary shall provide such financial or other

assistance to the State of Montana and to the Crow Tribe

as may be necessary to obtain the appraisals, and to satisfy

administrative requirements, necessary to accomplish the

exchanges made pursuant to subparagraph (A).

(F) Upon approving an exchange made pursuant to this

paragraph, the Secretary shall—

(i) receive title to the State trust lands involved in

the exchange on behalf of the United States; and

(ii) transfer title to the public lands disposed of pursuant to the exchanges with the State of Montana by such

means of conveyance as the Secretary considers appropriate.

(G) Title to the State trust lands acquired pursuant to

the exchanges made with the State of Montana pursuant to

this paragraph shall be vested in the United States in trust

for the sole use and benefit of the Crow Tribe and shall be

recognized as part of the Crow Indian Reservation.

(2) REQUIREMENT FOR EXCHANGES.—(A) In carrying out

the exchanges with the State of Montana pursuant to paragraph

(1), the Secretary shall, during a period of at least 5 years

beginning on the date on which the Settlement Agreement

becomes effective, give first priority to the exchange of public

lands within the State of Montana for State trust lands owned
H. R. 5200—7

by the State of Montana as of the date of the enactment

of this Act.

(B) Subject to subparagraph (C), if, for any reason, after

the expiration of the period specified in subparagraph (A),

the exchanges of the State trust lands identified in paragraph

(1) have not provided the Crow Tribe with a total of 46,625

acres of surface lands within the boundaries of the existing

Crow Indian Reservation (including parcel number 1), the Secretary shall, at the request of, and in cooperation with, the

Crow Tribe, develop and implement a program to provide the

Crow Tribe with additional land within the Crow Indian Reservation (including parcel number 1) through land exchanges

with private landowners.

(C) The total value of—

(i) the value of the lands exchanged and acquired for

the Crow Tribe pursuant to paragraph (1), and

(ii) the value of the lands exchanged and acquired

for the Crow Tribe pursuant to this paragraph,

shall not exceed the value of the surface estate of the 46,625

acres of land identified in paragraph (1)(A).

(D) In carrying out a program developed pursuant to this

paragraph, the Secretary may exchange public lands within

the State of Montana for private lands of substantially equal

value within the boundaries of the existing Crow Indian Reservation in accordance with section 206 of the Federal Land

Policy Management Act of 1976 (43 U.S.C. 1716).

(E) In determining the fair market value of the lands

described in subparagraph (D), the parties to an exchange

made pursuant to subparagraph (D) shall give due consideration to the value of improvements on the lands.

(F) If the Secretary obtains private lands pursuant to subparagraph (D), the Secretary shall transfer title to such

lands to the Crow Tribe.

(G) Title to any private or public lands transferred to

the Crow Tribe pursuant to this paragraph shall— (i) be vested in the United States in trust for the

sole use and benefit of the Crow Tribe; and

(ii) be recognized as part of the Crow Indian Reservation, if such lands are located within the boundaries of

the Crow Indian Reservation.

(H) The Crow Tribe shall assist in obtaining prospective

willing parties to exchange private lands within the Crow

Indian Reservation for public lands within the State of Montana

pursuant to this paragraph.

(e) CROW TRIBAL TRUST FUND.—The Settlement Agreement

shall include provisions governing the distribution of interest

income to the Crow Tribe from the Crow Tribal Trust Fund pursuant to the terms and conditions described in section 6.

SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW TRIBAL

TRUST FUND.

(a) ESTABLISHMENT OF CROW TRIBAL TRUST FUND.—

(1) IN GENERAL.—There is established in the Treasury of

the United States a trust fund to be known as the ‘‘Crow

Tribal Trust Fund’’.

(2) AVAILABILITY OF AMOUNTS IN THE CROW TRIBAL TRUST

FUND.—Amounts in the Crow Tribal Trust Fund shall be avail-
H. R. 5200—8

able, without fiscal year limitation, to the Secretary for distribution to the Crow Tribe in accordance with subsection (d).

(b) CONTRIBUTIONS TO CROW TRIBAL TRUST FUND.—

(1) IN GENERAL.—Subject to paragraph (2) and the requirements of section 10—

(A) on or before November 30, 1994, the Secretary

of the Treasury shall deposit into the Crow Tribal Trust

Fund an amount equal to the amounts of royalties received

and retained by the United States during fiscal year 1994

from the East Decker, West Decker, and Spring Creek

coal mines; and

(B) commencing with fiscal year 1995 and for such

period thereafter as may be necessary, the Secretary and

the Secretary of the Treasury shall make necessary and

proper arrangements for the monthly payment, transfer,

or deposit (or any combination thereof) into the Crow Tribal

Trust Fund of the royalties received and retained by the

United States for the immediately preceding month from

the East Decker, West Decker, and Spring Creek coal mines

in the State of Montana for the life of such mines, including

any extensions of the existing leases for such mines and

any expansions of such mines to nearby and adjacent federally owned coal deposits, as specified in the Settlement

Agreement.

(2) AMOUNT OF ROYALTIES.—The total amount of royalties

described in paragraph (1) that are paid, transferred, or deposited into the Crow Tribal Trust Fund shall not exceed, in

the aggregate, $85,000,000, excluding— (A) any interest earned on moneys in the Crow Tribal

Trust Fund; and

(B) the funds transferred to the Suspension Accounts

pursuant to section 10.

(3) PAYMENTS OF ROYALTIES RECEIVED AND RETAINED BY

THE UNITED STATES.—Subject to paragraph (2) and the requirements of section 10, the royalties received and retained by

the United States from the East Decker, West Decker, and

Spring Creek coal mines shall be paid, transferred or deposited

into the Crow Tribal Trust Fund not later than 30 days after

the date on which the royalties are due and paid. (4) ADDITIONAL PAYMENTS.—The Federal Government shall

make payments, in addition to the payments referred to in

paragraph (3), from the royalties received and retained by

the United States from other coal mines within the State of

Montana into the Crow Tribal Trust Fund in an amount equal

to any lost interest income (as determined by the Secretary),

if any portion of the sums described in paragraph (3) are

not paid, transferred or deposited into the Crow Tribal Trust

Fund within the 30-day period prescribed in paragraph (3).

(c) INVESTMENT.—At the request of the Secretary, the Secretary

of the Treasury shall invest all sums deposited into, accruing to,

and remaining in, the Crow Tribal Trust Fund in accordance with

the Act of February 12, 1929 (45 Stat. 1164, chapter 178; 25

U.S.C. 161a).

(d) DISTRIBUTION OF INTEREST.—

(1) IN GENERAL.—Only the interest received on funds in

the Crow Tribal Trust Fund shall be available for distribution

by the Secretary to the Crow Tribe for use for education,
H. R. 5200—9

land acquisition, economic development, youth and elderly programs or other tribal purposes in accordance with plans and

budgets developed and approved by the Crow Tribe and

approved by the Secretary.

(2) REQUIREMENTS FOR DISTRIBUTION OF INTEREST.—

Commencing with fiscal year 1996 and for each fiscal year

thereafter, without fiscal year limitation, the interest received

on monies in the Crow Tribal Trust Fund shall be available

for distribution under this subsection only if—

(A) the United States and the Crow Tribe enter into

the Settlement Agreement; and

(B) the requirements of section 9 relating to the

approval and execution of the Settlement Agreement are

satisfied.

(3) PROHIBITION.—No portion of the Crow Tribal Trust

Fund or the interest earned on the Crow Tribal Trust Fund

may be distributed to members of the Crow Tribe on a per

capita basis.

(e) USE OF INTEREST FOR ECONOMIC DEVELOPMENT.—Notwithstanding any other provision of law, the Crow Tribe may, subject

to approval by the Secretary, assign the right of the Crow Tribe

to the interest earned on monies in the Crow Tribal Trust Fund

to a third party in connection with loans made for economic development projects on or near the Crow Indian Reservation.

(f) LIMITATION.—Notwithstanding any other provision of law,

no portion of the principal of the Crow Tribal Trust Fund shall

be available for withdrawal or disbursement or used for any purpose

other than the purposes specified in this section and section 10.

SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES.

No payments made or benefits conferred pursuant to this Act

shall result in the reduction or denial of any Federal services

or programs to any tribe or to any member of a tribe to which

the tribe or member of the tribe is entitled or eligible because

of the status of the tribe as a federally recognized Indian tribe

or the status of a member of such tribe as a member.

SEC. 8. EXCHANGES OF LAND OR MINERALS.

(a) IN GENERAL.—(1) Subject to approval by the Secretary,

the Crow Tribe may exchange any land or minerals to which its

title is recognized in or obtained pursuant to this Act for other

land or minerals of substantially equivalent value within the Crow

Indian Reservation (including parcel number 1). (2) Lands or minerals received by the Crow Tribe in any exchange made pursuant to paragraph (1) shall be—

(A) vested in the United States in trust for the sole use

and benefit of the Crow Tribe; and

(B) recognized as part of the Crow Indian Reservation.

(b) OWNERSHIP BY NON-INDIANS.—Any land or minerals

received by a person who is not an Indian in an exchange referred

to in subsection (a) shall be owned in fee.

SEC. 9. APPLICABILITY.

(a) IN GENERAL.—The Act shall take effect upon the occurrence

of the following conditions:

(1) The Settlement Agreement is approved and executed

by the Secretary.
H. R. 5200—10

(2) The Settlement Agreement is approved and executed

by the Crow Tribe.

(3) The Settlement Agreement and the releases and waivers

required by section 5 are approved and duly executed by the

Crow Tribe in accordance with the requirements and procedures

set forth in the constitution of the Crow Tribe.

(4) The Settlement Agreement becomes effective in accordance with the terms and conditions specified in the Settlement

Agreement.

(b) APPROVAL OF RELEASES AND WAIVERS.—The United States

hereby approves and confirms the releases and waivers required

by section 5.

SEC. 10. ESCROW FUNDS.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall make distributions from the

107th meridian escrow fund as follows:

(1) One-half of the fund shall be distributed to the Crow

Tribe.

(2) One-half of the fund shall be distributed to the Northern

Cheyenne Tribe.

(3) The receipt and acceptance by a tribe of funds distributed under this section shall be deemed to be—

(A) a disclaimer, relinquishment and waiver by such

tribe of all right, claim or interest in the 107th meridian

escrow fund; and

(B) a release by such tribe of all persons and entities,

including the United States, from any liability arising from,

or related to, the establishment and administration of the

107th meridian escrow fund.

(b) ESTABLISHMENT OF SUSPENSION ACCOUNTS.—As soon as

practicable after the Settlement Agreement is executed and

approved pursuant to this Act, the Secretary of the Treasury shall

establish in the Treasury of the United States two interest bearing

accounts to be known respectively as the ‘‘Crow Tribal Suspension

Account’’ and the ‘‘Northern Cheyenne Tribal Suspension Account’’

(collectively referred to in this subsection as the ‘‘Suspension

Accounts’’), consisting of— (1) such amounts as are transferred to the Suspension

Accounts under subsection (c); and

(2) any interest earned on investments of amounts in the Suspension Accounts under subsection (e).

(c) CONTRIBUTIONS TO THE SUSPENSION ACCOUNTS.— (1) IN GENERAL.—Beginning with fiscal year 1995, and

ending on the date on which the total amount deposited pursuant to this subsection into the Suspension Accounts is equal

to $200,000 for each such account (as specified in subsection

(d)), the Secretary and the Secretary of the Treasury shall

make necessary and proper arrangements for the monthly payment, transfer, or deposit (or any combination thereof) into

each of the Suspension Accounts of an amount equal to onehalf of the royalties received and retained by the United States

for the immediately preceding month, as determined in accordance with section 6(b)(1), by the date specified under section

6(b)(3).

(2) SUBSEQUENT DEPOSITS.—At such time as the amount

deposited pursuant to this subsection into the Suspension
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Accounts is equal to $200,000 for each such account (as specified

in subsection (d)), in accordance with section 6(b)(1), the Secretary and the Secretary of the Treasury shall thereafter

deposit any remaining amounts determined under section

6(b)(1) in the Crow Tribal Trust Fund established under section

6(a).

(d) LIMITATION.—The Secretary and the Secretary of the Treasury shall not transfer more than a total amount equal to $200,000

to each of the Suspension Accounts from the amounts determined

under section 6(b)(1).

(e) INVESTMENT.—All sums deposited in, accruing to and

remaining in the Suspension Accounts shall be invested by the

Secretary and the Secretary of the Treasury in interest bearing

deposits and securities in accordance with the Act of June 24,

1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a).

(f) WITHDRAWALS AND TERMINATION.—

(1) IN GENERAL.—(A) Beginning on the date that is 5 years

after the date of enactment of this Act, the Crow Tribe and

the Northern Cheyenne Tribe may each submit a duly authorized request to the Secretary for the withdrawal of all of the

funds from the Suspension Account of the tribe established

under subsection (b).

(B) Not later than 60 days after receiving a request for

the distribution of funds from a Suspension Account made

by a tribe under subparagraph (A)—

(i) the Secretary shall, in cooperation with the Secretary of the Treasury, withdraw and distribute such funds

in accordance with such request; and

(ii) the Secretary of the Treasury shall terminate the

Suspension Account.

(2) OTHER MEANS OF TERMINATION.—With respect to a

Suspension Account established under subsection (b) that is

not terminated pursuant to paragraph (1), at such time as

the corpus and the accrued interest of the Suspension Account

of the Crow Tribe or the Northern Cheyenne Tribe is approximately equal to the amount specified in paragraph (1) or (2)

of subsection (a), the Secretary of the Treasury shall terminate

the Suspension Account and the Secretary of the Interior shall

distribute the funds from the Suspension Account to the tribe.

SEC. 11. FORT LARAMIE TREATY OF 1868.

Except for the adjustment to the eastern boundary of the Crow

Indian Reservation, nothing in this Act or in the Settlement Agreement shall affect or modify the terms and conditions of the treaty

between the United States of America and the Crow Tribe of Indians

concluded May 7, 1868 (commonly known as the ‘‘Fort Laramie

Treaty of 1868’’; 15 Stat. 649).

SEC. 12. SATISFACTION OF CLAIMS.

The benefits available to the Crow Tribe under the terms

and conditions of this Act and the Settlement Agreement shall

constitute full and complete satisfaction of all claims by the Crow

Tribe and the members of the Crow Tribe arising from or related

to the erroneous survey of the 107th meridian described in section

2(a)(3).
H. R. 5200—12

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department

of the Interior such sums as are necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.